A woman lays flowers at a memorial during a vigil in Vancouver on May 2, a provincial day of mourning for the victims of the vehicle-ramming attack at the Filipino community's Lapu Lapu Day festival.DARRYL DYCK/The Canadian Press
A media consortium that includes The Globe and Mail argued in court against a publication ban on the details of a hearing into whether the man accused of using his SUV to kill 11 people at Vancouver’s Lapu-Lapu Day festival is mentally fit to stand trial.
The defence and the Crown prosecutors asked a British Columbia Provincial Court judge Tuesday to keep the ban in place until the end of a potential criminal trial for Kai-Ji Adam Lo. Mr. Lo watched the proceedings from a video-conferencing room at the Forensic Psychiatric Hospital.
Lawyer Daniel Coles, representing the media consortium, argued that lifting the ban would be in the public interest and that many people are already aware of certain details, including that Mr. Lo had “significant interactions with police in connection with mental-health issues.”
The Globe has reported the 30-year-old had twice been detained and hospitalized under B.C.’s Mental Health Act in the past two years, and was on an extended leave from the hospital while under supervision by a health team at the time of the attack.
It has also reported that Mr. Lo contacted local police with dozens of unfounded complaints in recent years, including the day before the attack.
He has been in custody since he was detained by bystanders at the scene of the April 26 attack and then arrested. The next day, he was charged with eight counts of second-degree murder, and had another three charges added last month.
The ban covers the details and description of a drawing Mr. Lo made after his arrest, as well as the two days of testimony last month by psychiatrists Robert Lacroix and Rakesh Lamba.
The two doctors weighed in on several years of Mr. Lo’s psychiatric history and personal life. Their expert testimony also included their opinion on his diagnosis, past treatment and present mental condition.
Mr. Coles argued it’s essential to the public interest and the open-court principle to allow the media to report on the matter, as it is not often possible for members of the public to attend court, and news coverage “fills that void.”
Mr. Lo’s lawyer, Mark Swartz, opposed lifting or changing the ban, arguing it protects his client’s right to a fair trial. He said there is a risk that publishing details of the fitness hearing could taint a jury.
The defendant is expected back in court Friday to continue his fitness hearing.
Justice Reginald Harris thanked the lawyers for their submissions Tuesday and promised a decision soon on whether he would lift the publication ban.
With a report from The Canadian Press